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Terms of Use

BAUBAX LLC, a Washington state limited liability company (“BAUBAX”), provides use of its websites accessible at BAUBAX.COM (individually or collectively, the “Website”) to you subject to the following Terms of Use. 
BY USING THE WEBSITE IN ANY WAY OR BY AGREEING TO PROVIDE SUBMISSIONS TO BAUBAX, YOU ARE AGREEING TO THE TERMS OF USE BELOW AS WELL AS THE PRIVACY POLICY, AS THEY MAY BE UPDATED AND AMENDED FROM TIME TO TIME. When using the various components of the Website such as shopping, forums, videos, blogs or Planet Explore, you agree to abide by any applicable posted guidelines for those services. SHOULD YOU OBJECT TO OR VIOLATE ANY TERM OR CONDITION CONTAINED IN THE TERMS OF USE OR PRIVACY POLICY, YOU MAY NOT ACCESS OR USE THE WEBSITE AND YOU SHOULD NOT AGREE TO PROVIDE SUBMISSIONS TO BAUBAX.

BAUBAX may modify these Terms of Use at any time without notice, effective upon its posting the modifications to the Website. Your continued use of the Website constitutes your acceptance to the Terms of Use as amended. BAUBAX has the right, but is not obligated, to strictly enforce the Terms of Use through active investigation, litigation and prosecution, self-help and community moderation.

Trademarks

BAUBAX trademarks displayed on the Website are trademarks or registered trademarks of BAUBAX. Any other trademarks displayed on the Website are the sole property of their respective companies. All use of these trademarks by Website users is prohibited.

Ownership of Website Content

The Website and its content are protected to the maximum extent provided by trademark, copyright and intellectual property rights law and applicable international treaties or conventions. All content displayed on or through the Website including but not limited to items, logos, videos, photos, blogs, forums, product descriptions, athlete data, data sheets, and FAQs is owned exclusively by BAUBAX and/or its affiliated companies, suppliers and licensors and is protected by trademark, copyright and intellectual property rights laws and applicable international treaties or conventions, both as a collective work and/or compilation, as these terms are defined by applicable law. Any copying, reproduction, redistribution, modification, display, or creation of derivative works from the Website, the content on the Website or the collective work is prohibited including but not limited to reproduction to any other server or location for further reproduction or redistribution, unless you have the express prior written consent of BAUBAX. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Website.

You may not use the Website or its content for any commercial purposes, including the promotion or advertisement of any goods, services or opportunities, and you may not use the Website to solicit other Website visitors or users to visit or become members of, subscribe to, or register with any commercial online service or other organization, and/or collect or store personal data or attempt to collect or store personal data about other users of the Website.

Submissions of User Content

You acknowledge that you are responsible for any information, profiles, text, messages, images, photos, videos, music, sounds, or other content or materials (“User Content”) that you submit, upload, post or otherwise provide or make available to BAUBAX or its vendors, on or through the Website or otherwise (“Submissions”), including User Content that is posted on third party companies’ websites which you have authorized BAUBAX to use, for example Instagram, Twitter, Facebook, Vine, Pinterest and Google+, that are associated with hashtags related to BAUBAX, including, for example, #worldsbesttraveljacket. By making the above-described Submissions you authorize BAUBAX to use and display such content on the Website and/or on other BAUBAX marketing materials, including emails, social media and store signage. You may only make a Submission if you are 18 years of age or older. If your Submission is selected by BAUBAX to be used, it may be displayed for other users to see, together with your name and associated Instagram, Twitter, Facebook or Vine (if applicable) profile information (such as your handle and profile picture). BAUBAX is under no obligation to display, feature or use any Submission, but may do so at its sole discretion.

Any Submission will be treated as non-confidential and non-proprietary, except as specifically set forth herein. By making a Submission, you hereby grant, and represent and warrant that you have the authority to grant, BAUBAX, its affiliated entities, vendors and licensees an irrevocable, perpetual, nonexclusive, royalty-free, worldwide, transferable and fully sublicensable right and license to use, modify, adapt, translate, publish, reproduce, sell, assign, create derivative works from, distribute, perform and display any Submission, as well as your name, profile picture, likeness, Instagram, Twitter, or Vine handle, Facebook ID, comments, statements, posts, images, or any other information, in any manner, and in any and all distribution channels, forms, venues, media, or technology, whether now known or hereafter developed, alone or as part of other works, without further notice or any compensation to you. You also acknowledge that your Submission may not be returned and agree that we may use your Submission, and any ideas, concepts or know how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products. Subject to the licenses granted in this Terms of Use, you retain ownership of any rights of publicity and copyrights you may have in your Submissions.

If you make a Submission, you represent and warrant that you own or lawfully control any and all rights to your Submission and any and all elements thereof; that you have the authorization from any and all third parties appearing in such Submission to grant the license contained in this Terms of Use for use of such third parties' content, including names, images or likenesses and any other third party-owned elements as necessary in and as part of your Submission; and that your Submission will not infringe or violate the rights of any third parties, including, but not limited to trademarks, copyrights, rights of publicity, rights of privacy, patent, trade secret or confidentiality. You further represent and warrant that your Submissions comply with all applicable laws, rules and regulations, and any third party agreements to which you are subject, including Instagram, Twitter, Facebook, Vine, Pinterest and Google+’s Terms of Use.

You further represent and warrant that your Submissions do not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not impersonate any person or entity, use a false email address, or otherwise mislead BAUBAX as to the origin of any Submission you make. You agree to indemnify BAUBAX, its vendors, and third parties such as Instagram, LLC, Twitter Inc., Facebook, Inc., Vine Labs, Inc., Pinterest, Inc. and Google Inc. and any of our or their respective parents, affiliates, licensees, licensors, and each of our or their respective officers, directors, employees, successors, agents and assigns, for all claims arising from or in connection with (a) the use of any Submission, including, without limitation, all claims arising out of or based upon copyright or trademark infringement, misappropriation, invasion of privacy, defamation, right of publicity and/or any blurring, alteration, editing, morphing, distortion, illusionary effect, faulty reproduction, fictionalization or use in any composite form of your or any other person's or entity's name, Instagram, Twitter, or Vine handle, Facebook ID, profile picture, image, likeness, comments, posts, statements or other information and/or the Submission; or (b) any breach or alleged breach by you of any of these Terms of Use or applicable laws. 
When you make a Submission, you acknowledge and agree that the Submission will be non-proprietary (except as specifically set forth herein) and non-confidential, may be made available to the general public, and may be used by BAUBAX without restriction. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding any Submission that you may have under any applicable law.

BAUBAX reserves the right, at its sole discretion, to edit any Submission and to choose to include or not include such Submission on the Website or otherwise use the Submission. The Website may include the statements, opinions and any other content of third parties contained in you Submission. BAUBAX is not responsible for screening, monitoring or verifying such content, including such content's accuracy, reliability or compliance with copyright or other laws. Any statements opinions, or other content made available by third parties through the Website are those of such third parties and not of BAUBAX, its licensors and/or vendors, and BAUBAX does not endorse any such opinions, statements, or other content. 
You acknowledge and agree that BAUBAX has no control over, and shall have no liability for any damages resulting from, the use (including, without limitation, re-publication) or misuse by any third party of any Submission. 
Feedback 
Any questions, comments, suggestions, or other information about BAUBAX products or services submitted to BAUBAX through this Website (“Feedback”) shall be deemed non-proprietary and non-confidential. BAUBAX is free to use, reproduce, disclose and distribute such Feedback in any manner without limitation. BAUBAX specifically prohibits you from sending us any information that you consider to be confidential or proprietary through this Website. Please note that if you do send us any such information or material, the information will be non-proprietary and non-confidential and we can use such information without any obligation or liability to you.

Feedback and User Content 
You understand that all Feedback and User Content posted on, transmitted through, or linked from the Website, is the sole responsibility of the person from whom such Feedback and User Content originated. You understand that BAUBAX does not control, and is not responsible for Feedback and User Content made available through the Website and that by using the Website, you may be exposed to Feedback and User Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. BAUBAX expressly disclaims any liability for such Feedback and User Content.

You agree that you must evaluate, and bear all risks associated with, the use of any Feedback and User Content, that you may not rely on said Feedback and User Content, and that under no circumstances will BAUBAX be liable in any way for any Feedback and User Content or for any loss or damage of any kind incurred as a result of the use of any Feedback and User Content posted, emailed or otherwise made available to you. You acknowledge that BAUBAX does not pre-screen or approve Feedback and User Content, but that BAUBAX shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Feedback and User Content for any reason. 
Your interactions with organizations, events and/or individuals found on or through the Website are solely between you and such organizations and/or individuals. BAUBAX expressly disclaims any liability for such organizations, events or individuals.

User Conduct 
You agree not to transmit to BAUBAX any information or post, email, or otherwise make any Submission of User Content that: (i) is unlawful, abusive, harassing, harmful, threatening, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way; (ii) is pornographic or depicts a human being engaged in sexual conduct; (iii) harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, race gender, sexual orientation, ethnicity, age, or disability; (iv) impersonates any person or entity, including, but not limited to, a BAUBAX employee, or falsely states or otherwise misrepresents your affiliation with a person or entity; (v) that includes personal or identifying information about another person without that person's explicit consent; (vi) is false, deceptive, misleading, or deceitful; (vii) infringes any trademark, copyright, patent, trade secret, or other proprietary rights of any party, or is a Submission that you do not have the right or authority to make available pursuant to any law or under any contractual duty or fiduciary relationship; (viii) that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement; (ix) constitutes or contains any form of advertising or solicitation if posted in areas of the Website which are not designated for such purposes or emailed to BAUBAX users who have not indicated in writing that they consent to your contacting them about other services, products or commercial interests; (x) advertises any illegal service; (xi) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment; (xii) disrupts the normal flow of dialogue with an excessive amount of Submissions (flooding attack) to the Website, or that otherwise negatively affects other users' ability to use the Website; (xiii) that employs misleading email addresses, forged headers or otherwise manipulated identifiers in order to disguise the origin of Submissions transmitted through the Website.

Additionally, you agree not to: (i) contact anyone who has requested not to be contacted, or make unsolicited contact with anyone for any commercial purpose; (ii) stalk or otherwise harass anyone through or on the Website; (iii) collect personal data about other users for commercial or unlawful purposes; (iv) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Website; (v) post irrelevant User Content, repeatedly post the same or similar User Content or otherwise impose unreasonable loads on our infrastructure; (vi) post any deceptive events; or (vii) attempt to gain unauthorized access to BAUBAX computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Website. 
BAUBAX may reject, delete, modify, edit or remove any Submissions at any time for any reason and BAUBAX may terminate your access to the Website or your account at any time for violation of these Terms of Use or any other reason.

Establishing an Account 
Users of all ages may browse the Website, however, you may only establish an account if you are 18 years of age or older. In order to purchase products/services from the Website and in order to access/use some features on the Website, you may be required to establish and use an account. In addition to your name and contact information, you may be required to submit a valid credit card number, billing address, and related billing information in connection with your account. When you register for an account you must (i) provide accurate and truthful information, and (ii) update such information from time to time as necessary to keep your registration information current and accurate. By establishing an account, you represent and warrant you are authorized to provide the information you provide when you register for the account. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. All activities that occur under your account or password shall be your responsibility. 
Availability of Products, Services, Features and Content 
All products, services, features and content available on or through the Website, including but not limited to prices and availability of such products and services, are subject to change and discontinuation at any time, in our sole discretion, without notice. The receipt of an e-mail order confirmation does not constitute acceptance of an order or an offer to sell. We reserve the right, without prior notification, to limit the order quantity of any item and/or refuse service to any customer for any reason not prohibited by law.

External Sites 
The Website may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (“External Sites”). You acknowledge that BAUBAX is not responsible for the unavailability of, or the content located on, any External Site. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.

Confidentiality 
Certain areas on this Website may contain BAUBAX confidential information. A valid user name and password is required to access those areas. Access by unauthorized persons, and unauthorized use or disclosure of BAUBAX confidential information, is a violation of BAUBAX's rights and is strictly prohibited. By accessing BAUBAX confidential information, you agree to keep this information confidential. You also agree to treat this confidential information with the same standard of care which you apply to your most confidential information and to only disclose it within your company to employees on a "need to know" basis who are instructed and agree not to disclose the information and not to use the information for any purpose that is unlawful or not permitted by these Terms of Use.

Copyright 
This Website is protected under copyright law with all rights reserved except as expressly provided herein. Individual documents or content may contain different copyright notices and/or additional proprietary notices. 
If you believe that your work has been copied in a way that constitutes copyright infringement, please notify the BAUBAX agent for notice of claims of copyright infringement ("Copyright Agent"), at legal@baubax.com 
or 
Copyright Agent 
BAUBAX LLC 
4074, 148th avenue NE 
Redmond, WA 98052

You must include the following in your Notice to the Copyright Agent: 
1. Identify the material on the Website that you claim is infringing, with sufficient detail so that we may locate it on the Website; 
2. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or applicable law; 
3. A statement by you under penalty of perjury declaring that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner; 
4. Your contact information including address, telephone number, and email address; and 
5. Your physical or electronic signature. If your claim is valid, BAUBAX will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).

DISCLAIMER OF WARRANTIES 
YOU AGREE THAT USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. BAUBAX DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE WEBSITE TO THE FULLEST EXTENT PERMITTED BY LAW. THE WEBSITE DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE, OR ACCESSED THROUGH ANY LINKS ON THE WEBSITE TO THE FULLEST EXTENT PERMITTED BY LAW. BAUBAX DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE WEBSITE TO THE FULLEST EXTENT PERMITTED BY LAW. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties. This does not affect the applicability of the disclaimers where otherwise permitted by law.

LIMITATION ON LIABILITY AND INDEMNITY OF BAUBAX 
UNDER NO CIRCUMSTANCES SHALL BAUBAX BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF BAUBAX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF THE WEBSITE OR THIS TERMS OF USE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WEBSITE, FROM INABILITY TO USE THE WEBSITE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF BAUBAX WEBSITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR ANY LINKS ON THE WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you. This does not affect the applicability of the limitations of liability where otherwise permitted by law. 
You agree to indemnify and hold harmless BAUBAX, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, vendors, suppliers and employees from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of any Submissions, your third party event, website or organization, your use of the Website, your violation of the Terms of Use, your breach of any of the representations and warranties herein, or your violation of any rights of any third party.

Compliance with Applicable Laws; Export Control Laws 
This Website is operated, in whole or in part, from the United States. User access to this Website is governed by all applicable federal, state and local laws. All information available on the Website is subject to U.S. export control laws and may also be subject to the laws of the country where you reside. All BAUBAX products and publications are commercial in nature. BAUBAX does not make any representations regarding the legality of access to or use of this Website or the information contained therein from other countries. Access in countries where the information contained herein or the products sold through this website are illegal is prohibited. Users who access this Website from outside of the United States do so at their own risk and are responsible for compliance with applicable U.S. export and local country laws. By using this Website, regardless of where you live in the world, you consent to have your personal data transferred to, processed and collected in the United States in compliance with the privacy policy.

Disclosure – Forward-looking Statements 
Some of the information on this Website may contain projections or other forward-looking statements regarding future events or the future financial performance of BAUBAX. We wish to caution you that these statements are only predictions and that actual events or results may differ materially, and that these statements should not be relied upon by you for any purpose. You are hereby notified that there are a number of important factors that could cause the actual results to differ materially from those contained in our projections or forward-looking statements, including but not limited to potential fluctuations in quarterly results, technological developments, changes in market factors, dependence on new product development, acquisition strategy, manufacturing risks, risks associated with Internet infrastructure, volatility of stock price, financial risk management, and volatility of future growth.

Governing Law; Entire Agreement 
By acceptance of the Terms of Use and/or use of the Website and its content, you accept the following provisions regarding applicable governing law. These Terms of Use and any claim or dispute arising out of or relating to these Terms of Use, the PRIVACY POLICY, or your use of the Website, will be governed by and construed in accordance with the State of Washington, without regard to its choice of law provisions, and not by the 1980 U.S. Convention on Contracts for the International Sale of Goods. Except as otherwise prohibited by law, any claim or dispute must be brought within one (1) year from the date the cause of action arises, otherwise, such claim is time-barred. Any claim or dispute arising out of or relating to these Terms of Use, the Privacy Policy or your use of the Website shall be subject to the exclusive jurisdiction of the state or federal courts in King County, in the State of Washington and you hereby consent and submit to the personal jurisdiction of such courts. If any provision of these Terms of Use are held to be unlawful, or for any reason, unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions. These Terms of Use and the Privacy Policy constitute the entire agreement between you and BAUBAX with respect to the subject matter of the Terms of Use and Privacy Policy.

Contact Us

If you have any questions about these Terms of Use, please contact Customer Service via email at support@baubax.com

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